Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affir Continue Reading...
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomp Continue Reading...
They also had the power to decide the merits of evidence and arguments. In the 19th century, judges gained greater control over juries and the role of juries became what it is currently; hearing evidence presented on both sides and determining the g Continue Reading...
Law Enforcement The use of deadly force by the officer raises issues of reasonableness and due process under the Fourth and Fourteenth Amendments, respectively, as discussed by the U.S. Supreme Court in Tennessee v. Garner (1985, 471). The use of d Continue Reading...
The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Continue Reading...
Indianapolis vs. Edmond 531 U.S. 32, 121S. ct.447, 148 L. Ed. 2D 333(2000) Facts: In an attempt to discover and intercept unlawful narcotics on transit across the city, Indianapolis police implemented a highway checkpoint program, where motorists w Continue Reading...
There is a clear sense that Stalin and other officials had differing views and therefore actions, that depended almost entirely on the needs of the nation, as they perceived them, at the time the decisions were made. Prior to 1948, the Soviet Union Continue Reading...
Perjury Aristotle believed there should be guidelines governing the act of giving testimony (Kennedy, 2004, p. 227-228). For example, a jury member should place greater weight on the reputation and social standing of the witness, than on the content Continue Reading...
Herrera v. Collins The findings and aftermath of the Herrera v. Collins case are often pointed to the Eight Amendment to the Constitution of the United States. However, there are Fourth Amendment implications as well. Indeed, Herrera was facing char Continue Reading...
Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To Continue Reading...
history from 1865 to the present day. To focus the research, select six subtopics (specific events or developments related to the topic, separated in time); three from before 1930 and three from after. Immigrants There are more than 50 million imm Continue Reading...
Both the U.S. Senate and the U.S. Congress are slowly coming to the realization that they will have to address this issue which the Bush administration left behind to muddy the waters of citizen privacy rights in combination with the cases that are Continue Reading...
Environmental Justice in the United States: Policies, Beliefs & People/Places Involved During the course of my college career, my interests and passions have changed, gradually evolving to an intensified mix of all that my Interdisciplinary Stu Continue Reading...
Criminal Defense Homicide Case Fourth Amendment Searches and Seizures in Contemporary America The conviction of a client charged with murder is threatened by evidence the prosecution holds. There are indications that this evidence was obtained unco Continue Reading...
The officer stopped and searched the three men, and recovered arms from two of them. Terry was found guilty of having covered arms and was send to prison for three years. Is the investigation and confiscation of Terry and other men against the Fourt Continue Reading...
Federal Grand Jury The Fifth Amendment to the U.S. Constitution provides that charges for all capital and "infamous" crimes be brought through an indictment by a grand jury. Although the founding fathers had envisaged the primary function of the fed Continue Reading...
In the case of Bowers v. Hardwick the United States Supreme Court failed to strike down Georgia's sodomy laws, as they applied to homosexuals, because rather than treat the matter as one of privacy rights, the court instead viewed the case from the Continue Reading...
American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes. Fourth Amendment Americans hold very dear the Bill of Rights. Among the ten amendments that make up th Continue Reading...
His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means. The State will argue that no warrant was required for Hardbutt to search the premises because Hipho Continue Reading...
Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a Continue Reading...
The complainant in the Mapp v. Ohio case, DollreeMapp, was detained following a law enforcement search of her house to find an outlaw she was supposedly giving refuge to. After a number of entry refusals by the complainant, Cleveland’s Police D Continue Reading...
Many states, such as Virginia, are training private security officers in order to ensure smooth cooperation and coordination between security companies without police powers and the police and sheriff's departments. In Washington D.C., the municipal Continue Reading...
In the speech that Canon, Colman & Mayer reprint; "You warmly commended the Birmingham police force for keeping "order" and "preventing violence." I doubt that you would have so warmly commended the police force if you had seen its angry dogs si Continue Reading...
PLURALISM BEST FOR SOCIETY? Diversity and Pluralism Is Pluralism the Best Outcome for Society? Is Pluralism the Best Outcome for Society? Diana Eck (1997) takes great pains to distinguish between diversity and pluralism, as it relates to the rel Continue Reading...
English Right of Set-Off and Combination in the Circumstance of Insolvency The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the pri Continue Reading...
Antitrust and Intellectual Property Antitrust Law Remedies in Intellectual Property Cases In any research paper it is important to first define the terms used prominently in order to make sure that the reader understands what is being said. In this Continue Reading...
The independent variable will be the positive reinforcement as represented by the incentive program. The study will be examined by examining increases or decreases on the overall attendance rate of students before application of an incentive program Continue Reading...
This, of course, would represent one aspect of the resentment served to Salinas. The other aspect would be the significant impact of the economic crisis and the continued devaluation of the Peso. These things reflected on the ineptitude of a party s Continue Reading...
These gang-related activities had a negative effect on the very industries on which Macau depended for much of its economic activity, and tourism dropped by almost 10% in 1998 (Kurtlantzick 1). A Macanese resident summed up the situation thusly: "I Continue Reading...
Under these circumstances, an ethical dilemma is born. Should society control its development or leave it to chance? And in the case that it should control it, which categories should it help? If the person in the above mentioned example is helped, Continue Reading...
Schwartz (2006), many arguments are presented, most of which generally criticize the Western treatment of First Nations people or address women's rights issues. As an example, "Aboriginal Australia: Current Criminological Themes" by Rick Sarre (2006 Continue Reading...
45). There are also important racial issues that are examined throughout "A Touch of Evil"; these are accomplished through what Nerrico (1992) terms "visual representations of 'indeterminate' spaces, both physical and corporeal"; the "bordertown an Continue Reading...
" In addition, Manz reports that, "It took more than a decade after the worst of the violence, but eventually the Catholic Church, the United Nations, and the president of the United States rendered a verdict about the horrors suffered by villagers i Continue Reading...
California Versus Greenwood The Facts The police in Greenwood's local area suspected him of conducting illegal drug trade from his residence. The police did not have any evidence to secure a search warrant in his residence. So, they decided to rumm Continue Reading...
Conceptually, many agree as to what constitutes a servant leader, although many variations of these characteristics can be found in the literature. The terms "servant" and "leader" may seem contradictory, which is one of the greatest barriers to ope Continue Reading...
4th Amendment's evolution and history, together with the "search and seizure" law. 4th Amendment Background People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be bre Continue Reading...
AbstractThis article offers a review of Fourth Amendment interpretive law, with a focus on evolving exemptions to the exclusionary law as well as how social media had impacted interpretations of unreasonable searches and seizures and citizens privacy Continue Reading...
Fourth Amendment by the United States Supreme Court has sometimes been characterized by several controversies. One of the controversies associated with Supreme Court's interpretation of the Fourth Amendment is the belief that it's a demonstration of Continue Reading...
Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" Continue Reading...
